HomeMy WebLinkAbout17- City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James F. Penman Subject: Authorization to Send a Letter to the California Supreme
Court in Support of the City of Alhambra's Petition for Review of
Dept: CITY ATTORNEY Alejo v. City ofAlhambra,and, if Petition is Granted,to Join in
Amicus Brief in Support of the City of Alhambra
Date: January 5, 2000 ORI U J4A
Synopsis of Previous Council action: ( L
None.
Recommended motion:
The City of San Bernardino to send a letter to the California Supreme Court supporting the Petition for Review in Alejo
v. City of Alhambra,and, if Petition granted,to join in Amicus Brief.
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Contact person: Robert L Simmons Phone:
Supporting data attached:_ Staff Report Ward: All
FUNDING REQUIREMENTS: Amount: _None
Source:
Finance:
Council Notes:
Agenda Item No. *1/ ^�
STAFF REPORT
Council Meeting Date: January 10, 2000
TO: Mayor and Common Council
FROM: James F. Penman, City Attorney
DATE: January 5, 2000
AGENDA ITEM: Authorization to Send a Letter to the California Supreme Court in
Support of the City of Alhambra's Petition for Review of Alejo v.
City of Alhambra, and, if Petition Granted, to Join in Amicus Brief
in support of the City of Alhambra
The father of a three year old boy reported suspected child abuse by the mother's
boyfriend to the Alhambra Police Department. The police department is required to report
a reasonable suspicion of child abuse to the local child protection agency. This was not
done. Six weeks after the father made his initial report, the child was severely abused and
permanently disabled. The father then sued the City for failing to report the abuse and, as
a result, causing the child to suffer further abuse.
The trial court dismissed the suit on the ground that the city and its officers are not
liable when they fail to report such abuse.
The Court of Appeal then reversed the trial court. The court held that the
Legislature intended to impose a mandatory duty on police officers to investigate and
report the suspected child abuse.
The City of Alhambra has asked the City of San Bernardino and other cities, to write
a letter to the California Supreme Court urging the Court to review the lower court opinion.
Generally, law enforcement owes a duty of care only to the general public and not
to specific individuals. Only if the police create a "special relationship"to a member of the
public does a duty arise. Normally, a special relationship does not arise by failing to
investigate a crime.
The City Attorney's office recommends that the City of San Bernardino send a letter
to the California Supreme Court supporting the Petition for Review and, if the Petition is
granted, to join in the amicus brief.